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An Analysis of Twenty-First-Century Domestic Workers in Peru and Recommendations for Future Research

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An Analysis of Twenty-First-Century Domestic Workers in Peru and Recommendations for Future Research Pérez, L M and Llanos, P M. Vulnerable Women in a Thriving Country: An Analysis of Twenty-First-Century Domestic Workers in Peru and Recommendations for Future Research. Latin American Research Review. 2017; 52(4), pp. 552-570. DOI: https://doi.org/10.25222/larr.67 SOCIOLOGY Vulnerable Women in a Thriving Country: An Analysis of Twenty-First-Century Domestic Workers in Peru and Recommendations for Future Research Leda M. Pérez1 and Pedro M. Llanos2 1 Universidad del Pacifico, PE 2 Pontificia Universidad Católica del Perú, PE Corresponding author: Leda M. Pérez ([email protected]) Paid domestic workers represent a historically discriminated-against group comprising mostly ethnically marginalized, resource-poor migrant women. In twenty-first-century Peru, social and labor rights have not improved significantly for those in the sector despite more than a decade of sustained economic growth that took off in 2002 and lasted until 2014. Though the present national trend suggests that the absolute number of workers in this sector is dropping and that the tendency of workers to “live in” with their employers is reversing (trends that might signal improved working conditions for those in the sector), significant gaps still exist between the rights of domestic workers as compared to other workers. This article analyzes the intersectionality of gender, ethnicity and/or migration status, and class as one possible explanation for the continued vulnerability of paid domestic workers. We examine statistical information on the present situation in Peru, including a trends analysis of the National Household Survey from 2004 to 2013, and share the results of our qualitative research on the sector for the same period. We conclude with recommendations for future studies. Siendo principalmente mujeres pobres, migrantes y marginadas por etnia, trabajadoras domésticas remuneradas representan un grupo históricamente discriminado. En el Perú de siglo 21, para las que permanecen en el sector, los derechos sociales y laborales no han mejorado significativamente a pesar de más de una década de crecimiento económico sostenido que se inició en el año 2002 y duró hasta el 2014. La tendencia nacional actual sugiere que el número absoluto de trabajadoras en este sector está en declive y que aquellas que trabajan “cama adentro” son las menos. Sin embargo, todavía existen brechas significativas entre los derechos de las que permanecen en este empleo frente a otros trabajadores. En este artículo se analiza el rol de la “interseccionalidad” de género, etnia o el estado de la migración, y clase social como una posible explicación de la vulnerabilidad continuada de las trabajadoras domésticas remuneradas. Examinamos la información estadística, incluyendo un análisis de las tendencias provenientes de la Encuesta Nacional de Hogar (ENAHO) entre los años 2004 y 2013 y compartimos los resultados de nuestra investigación cualitativa sobre el sector para el mismo período. Se concluye con recomendaciones para futuros estudios sobre el tema. Introduction In the decade between 2004 and 2013, Peru joined the league of countries that enjoy medium to high income (World Bank 2013), experiencing economic growth classified as both “pro middle class” and “pro poor” by the Inter-American Development Bank (Jaramillo and Zambrano 2013). This context included a new “emerging” middle class, improved education levels, and increasing participation by women in the workforce. Yet the same situation has been marked by the persistence of high levels of labor force informality and social inequality. Seventy-nine percent of all work continues to be informal (INEI 2014), one of the Pérez and Llanos 553 highest rates in Latin America. Additionally, the gaps between rich and poor are significant, with the richest 20 percent in the country amassing thirteen times more income than the poorest 20 percent (PNUD 2013). Given the country’s dual commitment to continued growth and the implementation of policies that set the foundation for a more inclusive society, a critical challenge is to create the appropriate conditions for assuring greater socioeconomic equity. There is work to be done on a number of fronts. In particular, Peru maintains a number of special labor regimes that diminish worker rights in order to cut costs. These include paid domestic workers. Nearly 100 percent informal, and amounting to 2.6 percent of the country’s economically active population (INEI 2013), these workers merit particular attention, we argue here. First, domestic work has confronted historic multilevel discrimination, as it has employed primarily poor, young, ethnically marginalized women. Second, the work is performed in private residences in which treatment of the worker, benefits, and discrimination are difficult to perceive and/or regulate by the appropriate authorities. Third, and related to the first two points, as compared to other labor regimes there is less knowledge about this workforce and its employers, and whether the latter comply with the basic rights afforded to these workers under the law. Fourth, while incomes have risen for all workers in Peru, there remains a comparatively large gap between the remunerations received by paid domestic workers and other workers of the economically active population (EAP). Finally, it is precisely because this job is performed by the most vulnerable women that an analysis of their collective situation may serve as a barometer to measure the country’s progress toward achieving socioeconomic equity (Blofield and Martinez Franzoni 2014; Jokela 2015; Pérez and Llanos 2015a).1 The sociopolitical context also offers a timely backdrop against which to review the status of these workers. With the passage of the International Labor Organization’s (ILO’s) Convention 189 (C189) and its Recommendation 201 in 2011, there exists an international framework for the constitution of decent work for this labor force.2 While the Latin American region is now the part of world with the highest number of ratifications,3 Peru has yet to adopt the convention, or improve its legislation.4 The country’s Domestic Worker Law No. 27986 (2003) represents an important step toward recognizing this sector as part of the workforce, not mere “service providers” or “servants”; however, it provides only partial rights and thus needs to be improved and strengthened so that domestic workers might enjoy the same entitlements and protections as do other workers. To date, the Ministry of Labor and Employment Promotion (MTPE) and the Ministry of Women and Vulnerable Populations (MIMP) have taken some steps to examine the viability of implementing C189. Specifically, the MTPE has led a multisector working group, including members of civil society, to monitor the development of an action plan intended to promote the enforcement of domestic workers’ labor rights, though the working group appears to have little traction, if any. Moreover, two parliamentarians have called for the ratification of C189, but these efforts have not progressed. Thus, on the legislative front scant attention has been devoted to domestic worker rights. As to the work of the labor unions on this issue, two large domestic workers unions exist—the Domestic Workers Union for the Lima Region (Sindicato de Trabajadoras y Trabajadores del Hogar de la Región Lima, SINTTRAHOL), affiliated with the General Confederation of Workers of Peru (Confederación General de Trabajadores del Perú, CGTP); and the National Union of Domestic Workers (Sindicato Nacional de Trabajadoras del Hogar, SINTRAHOGARP), associated with the United Confederation of Workers of Peru (Central Unitaria de Trabajadores del Perú, CUT). Although unions participated in the drafting of C189 in Geneva prior to its international adoption by the ILO, interviews with union members and other civil society activists suggest that a key challenge for the syndicates—and, thus, for improving domestic worker rights—is that they do not have an appropriate counterpart, an employers’ union, with which they can collectively bargain. Moreover, relations between the two existing unions are strained. This, combined with the present impossibility of negotiating with an appropriate counterpart and the comparatively more powerful national 1 Based on a macroeconomic cross-country statistical analysis of seventy-four countries, Jokela (2015) suggests that income inequality is a key factor in determining the proportion of paid domestic workers in the labor force of a country. 2 ILO, C189 – Domestic Workers Convention, 2011, http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P121 00_ILO_CODE:C189. 3 “Entra en vigor el Convenio 189 sobre Trabajo Doméstico de la OIT,” September 5, 2013, OIT, http://www.ilo.org/americas/sala-de- prensa/WCMS_220856/lang--es/index.htm. 4 Ley de los Trabajadores del Hogar, Ley No. 27986, Programa de Difisión de la Ley Laboral, http://www.mintra.gob.pe/contenidos/ archivos/prodlab/LEY%20DE%20LOS%20TRABAJADORES%20DEL%20HOGAR%20Ley%20No.%2027986%2003-06-03.pdf (accessed June 25, 2016). 554 Vulnerable Women in a Thriving Country business guild that opposes any increases in wages for these workers, is an impediment to their success as compared to other unions of the region like those in Chile or Brazil, for example (Pérez 2015).5 In sharp contrast to Peru, Uruguay was the first country of the world to ratify C189 and has made great strides in creating parity between the social and labor rights of paid domestic workers and those of other members of the labor force.
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